Travelers Casualty v. Pg&e

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

TRAVELERS CASUALTY AND SURETY  No. 04-15605 COMPANY, D.C. No.

Appellant, CV-03-03499-PJH v.  Northern District of PACIFIC GAS AND ELECTRIC California, COMPANY, San Francisco Appellee.

 ORDER

On Remand From The United States Supreme Court

Filed May 8, 2008

Before: Stephen Reinhardt and Sidney R. Thomas, Circuit Judges, and Jane A. Restani,* Judge.

ORDER

This case is hereby resubmitted.

Pursuant to the judgment of the United States Supreme Court issued on March 20, 2007 in Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co., ___ U.S. ___, 127 S.Ct. 1199, 167 L.Ed.2d 178 (2007), we vacate our disposition at 167 Fed.Appx. 593 (9th Cir. 2006), vacate the district court’s decision as well as the bankruptcy court’s decision, and remand to the district court with instructions to remand to the bankruptcy court for further proceedings consistent with the opinion of the Supreme Court.

*The Honorable Jane A. Restani, Chief Judge, United States Court of International Trade, sitting by designation.

5086 TRAVELERS CASUALTY AND SURETY v. PG&E We do not reach any issue presented by the parties, leaving those questions for the consideration of the bankruptcy court in the first instance.

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The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson Reuters/West.